HomeMy WebLinkAboutCSD-15-048 - Proposed Changes to the Planning Act (Bill 73)
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: May 25, 2015
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Della Ross, Manager of Development Review, 519-741-
2000 ext. 7327
WARD(S) INVOLVED: All
DATE OF REPORT: May 1, 2015
REPORT NO.: CSD-15-048
SUBJECT: Proposed Changes to the Planning Act (Bill 73)
______________________________________________________________________
RECOMMENDATION:
For Information
REPORT:
On March 5, 2015, the Minister of Municipal Affairs and Housing introduced Bill 73
Smart Growth for Our Communities Act, 2015. The bill received first reading and will
amend the Development Charges Act and the Planning Act. The Province indicates that
the bill
accountability, and suppo This report provides an
st
overview of the more significant changes to the Planning Act. This is only the 1
rd
reading of Bill 73, so it is anticipated that changes will be made prior to 3 and final
reading.
It should be noted that Finance staff are also reviewing Bill 73 with respect to changes
to the Development Charges Act. A report was presented to Council for information
(FCS-015-058) in this regard.
Proposed changes to the Planning Act include:
Community Consultation and Comments
Ifan application is appealed to the Ontario Municipal Board for failure to make a
decision, the Board must
Council received in relation to the application, including written and oral
submissions from the public. (new obligation)
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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The effect of any written and oral submissions must be explained on the notice of
decision which is forwarded to the public by the Clerk after a Council decision is
made on development applications. (new obligation)
Official Plans will be required to include a description of public consultation
procedures for development applications. (presently in our plan but will now be
mandatory)
Official Plans may include policies that provide for alternative forms of public
consultation for Plans of Subdivision and Consents (land severances).
Plan Review
The Provincial Policy Statement is to be reviewed every 10 years (instead of 5).
Anew Official Plan is to be revised 10 years after it comes into effect (instead of
5), and every 5 years thereafter.
Amendments
Amendments to a new Official Plan will not be permitted for two years after its
approval.
Amendments to a comprehensive zoning by law will also not be permitted for a
two year period.
For a two year period following an owner initiated site specific zoning by-law
amendment, a minor variance application for the same property will only be
permitted with Council approval.
(Currently there are no timelines for when amendments can be requested)
Appeals
Restriction on the appeal of an entire OfficialPlan.
Restriction on appeals that implement other legislation such as the Clean Water
Act or Growth Plan forecasts.
Council can elect to refer certain appeals to mediation or another form of
alternative dispute resolution prior to forwarding to the Ontario Municipal Board.
Other
Reporting requirements on bonus/density benefits is proposed. (new obligation)
If parkland dedication for residential subdivisions is to be calculated on the basis
of number of units proposed, a municipality must have a park plan. Cash-in-lieu
collected is proposed to be reduced to 1 ha/500 units (now 1ha/300units). There
is also a requirement for the treasurer to make an annual financial statement on
the parkland dedication account. (new obligation)
There may be new criteria for variance applications. Presently we consider four
tests which include conformity to Official Plan and Zoning by-law,
appropriateness of the development and if the application is minor in nature.
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An upper tier municipality may require a local municipality to adopt a
Development Permit system that is one approval which can include several
development applications (eg. one approval/application for a zone change and
site plan).
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This report aligns with the Strategic Plan as review of the Planning Act ensures the
implementation of many of our community priorities, including Development, Quality of
Life and Community Engagement.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
INFORM This report will be posted website, with the agenda, in advance
of the council / committee meeting.
CONCLUSION:
st
Bill 73 has only received 1 reading and many changes to the bill are expected prior to
final reading.It appears that there are some very positive revisions and staff will
continue to review and analyze the proposed changes as there may be an impact on
our business. Staff will report back to Council if it is determined that formal submissions
should be made to the Province later in the process.
ACKNOWLEDGED BY:
Michael May, Deputy CAO (Community Services)
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